Pannell and Pannell (Child support)

This matter concerned an application by Mr Pannell to the Tribunal for a review of a decision regarding child support. The dispute arose from Ms Pannell's reliance on the costs of educating the parties' children, [Child 1] and [Child 2], and [Child 2]'s special needs, as grounds for a departure from the administrative assessment of child support. Mr Pannell contested the decision, asserting he had not agreed to the children being privately educated and that this decision was made against his wishes.

The Tribunal was required to determine whether the grounds for departure from the administrative assessment, as set out in section 98C of the Child Support (Assessment) Act 1989, were met. Specifically, the Tribunal considered whether the costs of maintaining the children were significantly affected by their education in a manner expected by both parents, pursuant to subparagraph 117(2)(b)(ii) of the Act. The Tribunal also had to assess whether it was just and equitable, and otherwise proper, to depart from the administrative assessment, taking into account the financial resources of both parents, including Mr Pannell's income, property, financial resources, and the costs incurred by him in spending time with or communicating with the children.

The Tribunal's reasoning focused on the interpretation of "manner that was expected by his or her parents." Mr Pannell argued that private education was solely Ms Pannell's intention and not his, and that he had not agreed to this decision, preferring public schooling. However, the Tribunal noted that a child support agreement, entered into after the children's enrolment in private school and after the parties' separation, contained Mr Pannell's agreement to pay the school fees for a private school and for Ms Pannell to provide him with the invoices for this purpose. This agreement was a significant factor in the Tribunal's consideration of whether the manner of education was expected by both parents.